Planning Justification Report - T. Johns Consulting Group

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Planning Justification Report - T. Johns Consulting Group
Planning Justification Report
            1540 Upper Wentworth Street
                       Hamilton, Ontario

                                         June 2021

                                      Prepared For:
          Hamilton East Kiwanis Non-Profit Homes Inc.
                      c/o New Commons Development
                                 281 Queenston Road
                               Hamilton, ON L8K 1G9

                                      Prepared By:
                      T. Johns Consulting Group Ltd.
                    310 Limeridge Road West, Suite 6
                               Hamilton, ON L9C 2V2
Planning Justification Report - T. Johns Consulting Group
Table of Contents

1. 0         Introduction                                                                1

2. 0         Pr oposed Redevelopment                                                     5

3. 0         Supporting Studies                                                          6
       3.1        Urban Design Brief                                                     6
       3.2        Vegetation Management Plan and Landscape Concept                       6
       3.3        Functional Servicing and Stormwater Management Report                  6
       3.4        Hydrogeological Assessment                                             7
       3.5        Environmental Noise Impact Assessment                                  7
       3.6        Transportation Impact, Transportation Demand Management Options and
                  Parking Study                                                          7
       3.7        Public Consultation Strategy                                           8

4. 0         Planning Framework                                                         13
       4.1        Provincial Policy Statement, 2020                                     13
       4.2        Growth Plan for Greater Golden Horseshoe, 2019                        20
       4.3        Urban Hamilton Official Plan                                          24
       4.4        City of Hamilton Zoning By-law No. 6593                               32

5. 0         Planning Analysis                                                          39
       5.1 Supporting Studies                                                           39
       5.2 Provincial Interests                                                         39
       5.3 Urban Hamilton Official Plan                                                 40
       5.4 Zoning By-law Amendment                                                      41

6. 0         Implementation                                                             45

7. 0         Conclusions                                                                46

List of Appendices
Appendix A – Conceptual Site Plan
Appendix B – Public Consultation Strategy
Appendix C – Draft Amending Zoning By-law

                     Planning Justification Report: 1540 Upper Wentworth Street, Hamilton
                                                               T. Johns Consulting Group
Planning Justification Report - T. Johns Consulting Group
1.0 Introduction
The landowner, Hamilton East Kiwanis Non-Profit Homes (“Kiwanis”), for the lands municipally
known as 1540 Upper Wentworth Street in the City of Hamilton has retained T. Johns Consulting
Group Ltd. (“T. Johns”) on August 29, 2020, to prepare the following Planning Justification Report
as part of a complete Zoning By-law Amendment application (“ZBA”).

First, we acknowledge the Traditional Territory of the lands.
The City of Hamilton is situated upon the traditional territories of the Erie, Neutral, Huron-Wendat,
Haudenosaunee and Mississaugas. This land is covered by the Dish With One Spoon Wampum
Belt Covenant, which was an agreement between the Haudenosaunee and Anishinaabek to share
and care for the resources around the Great Lakes. We further acknowledge that this land is
covered by the Between the Lakes Purchase, 1792, between the Crown and the Mississaugas of
the Credit First Nation.

Today, the City of Hamilton is home to many Indigenous people from across Turtle Island (North
America) and we recognize that we must do more to learn about the rich history of this land so
that we can better understand our roles as residents, neighbours, partners and caretakers.

Kiwanis has owned the lands since approximately 1989 and has operated eighty-five (85)
townhouses with affordable rental tenure. The proposal is to redevelop the northeast corner of the
subject lands for an eight-storey multiple dwelling containing one-hundred and twenty-six (126)
dwelling units for a range of affordable rental housing. This report includes an overview of the
subject lands in context with surrounding land uses; a detailed description of the development
proposal and supporting studies; and a detailed review of pertinent planning framework in support
of the proposed development.

1.1    Property Description
1540 Upper Wentworth Street (“subject lands”) are located on Hamilton’s South Mountain in the
Barnstown neighbourhood at the northeast corner of the Upper Wentworth Street (Minor Arterial)
and Emperor Drive (Collector). The property is legally described as Part of Block 77 Registered
Plan 62M-616 in the City of Hamilton. The subject lands have an approximate total area of 1.94
hectares (4.8 acres) with approximately 211.2 metres of frontage on Upper Wentworth Street and
approximately 73.9 metres of frontage on Emperor Street.

The subject lands are a rectangular corner property and currently occupied with residential uses,
owned, and managed by the landowner/applicant. The site has an existing eleven (11) townhouse
blocks, comprising eighty-five (85) units and associated surface parking and landscape open
space. The site is accessed from Emperor Street and Upper Wentworth Street via a private
driveway.

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                          Planning Justification Report: 1540 Upper Wentworth Street, Hamilton
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Planning Justification Report - T. Johns Consulting Group
As discussed further in Section 2.0 of this report, the entirety of 1540 Upper Wentworth Street is
subject to the planning approvals proposed in this report, however the proposed redevelopment
is to take place within the northeast corner of the subject lands, hereafter referred to as the
“development area”. The development area has an approximate total area of 0.37 hectares (0.9
acres). The subject lands are proposed to continue functioning as one parcel, with the
development area maintaining the existing site accesses and circulation. (See Figure 1 – Location
Map and Figure 2 – Aerial Context Map).

Figure 1 – Location Map

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Figure 2 – Aerial Context Map

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1.2      Neighbourhood Context
The subject lands are located on Hamilton’s South Mountain in the Barnsdale neighbourhood in
the southwest quadrant of the intersection of Upper Wentworth Street and Emperor Avenue. The
neighbourhood is predominantly residential supported with community facilities, local commercial
and institutional land uses to serve the neighbourhood (Refer to Figure 3 – Community Context
Map).

For context, land uses surrounding the subject lands include the following:

North:   Low Density Residential
East:    Low Density Residential, Community Park, Elementary School, and Secondary School;
South:   Low Density Residential and 10-storey Retirement Home;
West:    Low Density Residential, Neighbourhood Park, and Elementary Schools.

Figure 3 – Neighbourhood Context Map

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                         Planning Justification Report: 1540 Upper Wentworth Street, Hamilton
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2.0 Proposed Redevelopment
As noted, the proposed redevelopment includes the northeast corner of the subject lands
(“development area”), being approximately 3,680.0 square metres (0.37ha) of the approximate
total 19,417.3 square metre (1.9ha) property. The proposed redevelopment includes the
demolition of two (2) townhouse blocks, comprising fifteen (15) units to accommodate the
construction of one (1) multiple dwelling building. The building is proposed to be a total of 8-
storeys and one hundred and twenty-six (126) dwelling units comprised of a mix of one, two and
three-bedroom units, including ground floor amenity space and building services for the residents.
Seventy (70) of the existing townhouse units will be retained, along with their associated parking
spaces and private roads.

The proposed building will be accessed from the existing driveway from Emperor Avenue. One
(1) level of underground parking is proposed containing fifty-one (51) parking spaces. Thirteen
(13) surface parking spaces and a total of three (3) barrier-free parking spaces are proposed.
Sixty-eight (68) long-term and ten (10) short-term surface bicycle parking spaces are provided for
a total of seventy-eight (78) spaces. (See Appendix A – Conceptual Site Plan).

2.1    Planning Applications
A Formal Consultation (“FC”) process was completed, and the Development Review Team
meeting was virtually attended November 25, 2020, by the agent, architect, and City of Hamilton
Development Planning staff. The FC process confirmed that a Zoning By-law Amendment is
required to rezone the subject lands to permit an eight-storey multiple dwelling. An Official Plan
Amendment is not required, provided the eight-storey building and existing townhouses to be
maintained on site achieve a total minimum density of 100 units per hectare.

The Formal Consultation Document confirms that the following supplementary reports and plans
are required for a Complete ZBA application:

       •   Survey Plan;
       •   Conceptual Site Plan;
       •   Preliminary Grading Plan;
       •   Planning Justification Report (incl. Draft Amending By-law and Public Consultation Strategy)
       •   Urban Design Brief;
       •   Vegetation Management Plan;
       •   Functional Servicing and Stormwater Management Report;
       •   Geotechnical Report
       •   Hydrogeological Report
       •   Noise Impact Study;
       •   Transportation Impact Study (Scoped); and
       •   Parking Analysis.

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3.0 Supporting Studies
The studies identified during the Formal Consultation process and as outlined in the Formal
Consultation Document were completed as part of the Complete Application for a ZBA. A copy of
each report has been included within the submission package. This section provides a brief
summary of the findings for each study.

3.1    Urban Design Brief
An Urban Design Brief dated June 2021 was prepared by T. Johns Consulting Group in support
of the proposed development. The purpose of the brief is to provide a description of the process
and rationale for site development building design and landscaping elements. The brief identifies
how the design of the proposed development is in keeping with the City’s design objectives,
policies, and guidelines. The proposed building provides a front façade that is stepped back to
maintain a pedestrian scale, wayfinding through the proposed pedestrian access, in addition to
mitigating adverse impacts of the 8-storey building height. The redevelopment will contribute to a
complete community by providing a mix of units appropriate for a number of lifestyles and abilities
including seniors, persons with disabilities and families. The proposed multi-unit building will
complement the architectural variety existing along Emperor Avenue and Upper Wentworth
Street, while improving the streetscape through quality, pedestrian scaled design. The brief
concludes that the multi-unit building proposes an appropriate and complementary regeneration
of the subject lands. See the Urban Design Brief for more details.

3.2    Vegetation Management Plan and Landscape Concept
A Vegetation Management Plan and Landscape Concept were prepared by Hill Design Studio
Inc., dated May 26, 2021, in support of the proposed application. The Vegetation Management
Plan details the removal of 49 private trees and the retention of the 1 existing street tree within
the boulevard along Upper Wentworth Street to facilitate the proposed development. The
Landscape Concept proposes the planting of 23 new trees within the development area and 11
new street trees within the boulevard along Emperor Avenue and Upper Wentworth Street, for a
total of 34 new trees. Landscape and vegetation protection details will be subject to more detailed
review and approval at Site Plan Control. For more detail, refer to the Vegetation Management
Plan and Landscape Concept.

3.3    Functional Servicing and Stormwater Management Report
A Functional Servicing and Stormwater Management Report was prepared by MTE Consultants,
dated May 28, 2021. There is an existing 300mm diameter combined sewer flowing west within
the private road. This storm sewer connects to the existing 2,250mm diameter trunk storm sewer
in the Emperor Avenue right-of-way, flowing east. The site is approximately 1-2m higher than the
adjacent municipal roads, but flush with the internal private road. The proposed flow will be
directed to an oil-grit separator and ultimately the storm sewer in Emperor Avenue.

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Sanitary services will flow through a proposed 200mm diameter sanitary sewer and connect to
the existing 525mm diameter sanity sewer within the Emperor Avenue right-of-way. A proposed
150mm diameter domestic water service will provide the necessary water supply by connection
to the existing 300mm diameter watermain within the Emperor Avenue right-of-way. The report
concludes that there are adequate sanitary, storm and water services available to meet the
requirements of the City of Hamilton. Grading, servicing and stormwater management details will
be subject to a more detailed review and approval at Site Plan Control. See the Functional
Servicing and Stormwater Management Report for more details.

3.4    Hydrogeological Assessment
A Hydrogeological Assessment was prepared by Terraprobe Inc., dated October 21, 2020. There
were 4 boreholes prepared on site and assessed. Through the investigation, the soil was found
to be Clayey Silt. Groundwater was immediately present within the boreholes after the completion
of drilling. The highest level of groundwater was found in borehole BH3 at 203.8m above sea
level. Proposed finish floor elevation is anticipated to be 203.3m above sea level. Ground water
appears to flow from east to west. Dewater is anticipated both in long and short term, however, a
Permit to Take Water is only anticipated to be necessary during construction. See the
Hydrogeological Assessment for more details.

3.5    Environmental Noise Impact Assessment
An Environmental Noise Impact Assessment was prepared by dBA Acoustical Consultants Inc.,
dated April 2021, in support of the proposed application. The report addresses road noise levels
in accordance with Ministry of Environment (MOE) Publication NPC-300. The noise levels
measured are within the allowable limits. To meet requirements, noise mitigation in the form of
warning clauses in all Offers and Agreements of Purchase and Sale or Lease as well as through
the provision of Central Air Conditioning will be necessary. For more details, refer to the
Environmental Noise Impact Assessment.

3.6    Transportation Impact, Transportation Demand Management Options
       and Parking Study
A Transportation Impact, Transportation Demand Management Options and Parking Study was
prepared by Salvini Consulting, dated May 2021, in support of the proposed application. The
purpose of the study was to assess the impact of the proposal on the transportation network in
the area and identify any improvements that are needed to support the proposed development.
The study area included the signalized intersection at Upper Wentworth Street and Emperor
Avenue and the existing site driveway on Emperor Avenue. The study also looked at the
Transportation Demand Management (TDM) aspects of the site and provided justification for the
proposed residential parking provision for the site. Proposed TDM measures include the
integration of pedestrian connections through the site design, the provision of bicycle parking,

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easy access to public transportation, a reduced demand for parking generated at affordable
housing projects, the opportunity for future access to Hamilton Bike Share, the potential
opportunity to provide carshare on-site for residents, wayfinding information provided throughout
the site, and the site’s proximity to commercial amenities.

The study found that the proposed development will generate approximately 38 and 47 new trips
in the weekday morning and afternoon peak hours, respectively. Site traffic can be accommodated
at the study area intersections. No changes are recommended to the area road network as a result
of the proposal.

The proposal includes 64 parking spaces to serve the new building, providing 0.3 spaces per unit
for units less than 50m2 and 0.6 spaces per unit for units greater than 50m2, inclusive of visitor
parking. It is proposed that 10% of the proposed parking be allocated to visitor parking, for a total
of 6 spaces. Salvini Consulting surveyed two local affordable housing projects operated by
Hamilton Kiwanis Non-Profit Housing Inc, that are comparable to the subject site and provide the
same affordable housing use, which were the base for the parking recommendations provided in
the Study. Based on the transportation context, the unit mix, the affordable nature of the residential
offerings and the survey data collected, the proposed provision of 64 parking spaces is
appropriate for the site.

See the Transportation Impact, Transportation Demand Management Options and Parking Study
for more details.

3.7    Public Consultation Strategy
A micro website has been created and can be found on the T. Johns Consulting Group Community
Portal page (https://tjohnsconsulting.com/project/1540-upper-wentworth-regeneration/). The
micro website provides information on the proposed redevelopment, updates on project
milestones, provides a Frequently Asked Questions section and gives the opportunity to provide
comments and ask questions. (See Appendix B – Public Consultation Strategy).

A virtual open house was hosted by the Owner, April 6, 2021. 443 open house invitations were
sent out to the public via a mailed out letter within a 120 metre radius of the site. A total of 87
people virtually attended the event. Presentations were made by Hamilton East Kiwanis Non-
Profit Homes and T. Johns Consulting Group followed by a question-and-answer period.

The following section will identify the questions and comments that were collected at the Open
House and through the micro website and provides responses to how the proposed development
addresses them. For efficiency, the comments/questions have been grouped into key themes.

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1. PROPOSED DEVELOPMENT

  Q: How many units are being demolished and how many units are proposed?
  A: 1540 Upper Wentworth St has eighty-five (85) existing townhouses. There are fifteen
  (15) existing townhouse units that are proposed to be removed to accommodate the new
  multi-unit building that will provide one hundred and twenty-six (126) units. The remaining
  seventy (70) existing townhouses are to be retained.

  Q: What will the rent be for the new units?
  A: This is a mixed income community. Rents will range from subsidized Rent Geared to
  Income (RGI) to 120% of the Average Market Rent (AMR) for the area. 15% of the units
  will be RGI, 20% will be affordable at 79% of AMR and the remaining 65% of the units will
  be between 100% AMR and 120% AMR. These rents are still considered affordable as
  they are well below the available market rents in the City.

  Q: Since Kiwanis mainly serves families, why are one bedroom units being proposed
  rather than just two and three bedroom units?
  A: The regeneration proposes a mix of units appropriate for a number of lifestyles including
  seniors and families. The proposed multi-unit building includes 43 one bedroom units, 74
  two bedroom units and 9 three bedroom units. Hamilton East Kiwanis Non-Profit Homes
  Inc. is looking to expand their portfolio to include more senior units to promote aging-in-
  place and keeping seniors in their communities.

  Q: Considering the dire shortage of affordable housing in our City, why not build more units
  than what you are proposing?
  A: The regeneration of 1540 Upper Wentworth Street is only one of Hamilton East Kiwanis
  Non-Profit Homes existing communities which are planned for regeneration. Hamilton East
  Kiwanis Non-Profit Homes has a number of current and future affordable housing
  developments within the City of Hamilton. Residential intensification needs to have regard
  to supplying an appropriate amount of amenity space and on-site parking while
  maintaining neighbourhood compatibility.

  Q: Where can we get copies of the studies completed?
  A: All plans and reports will be available under the "Resources" tab of the micro website.
  Copies of the studies can also be made available by request to the assigned City of
  Hamilton Planner. Their contact information will be on the City’s “Notice of Complete
  Application” mailed to landowners within 120 metres of 1540 Upper Wentworth St.

2. IMPACT ON EXISTING SITE

  Q: What will happen to the residents living in the townhouses that will be removed?
  A: Hamilton East Kiwanis Non-Profit Homes will be relocating current residents living in
  units scheduled for demolition to a comparable unit which meets their needs. Wherever

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                    Planning Justification Report: 1540 Upper Wentworth Street, Hamilton
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possible this will be in the same complex or neighbourhood. Moving costs will be paid by
  Kiwanis Homes. Residents will not lose their tenancy or subsidy.

  Q: What will the “Regeneration” mean for the existing townhouses on site that are to
  remain, in terms of maintenance and upkeep?
  A: In conjunction with the creation of new units, Hamilton East Kiwanis Non-Profit Homes
  is in the process of developing an updated maintenance plan for all of the existing units.
  Information sessions will be held for the residents as the plan is more defined.

  Q: How will you deal with rats when the townhouses are demolished?
  A: A Pest Control Plan is required to be approved and implemented prior to the start of
  demolition and construction.

  Q: If this application is approved, should we expect another 8-storey building to replace
  other townhouses in the complex?
  A: That is not the intention of Hamilton East Kiwanis Non-Profit Homes.

3. HEIGHT/BUILDING SIZE

  Q: How will concerns surrounding the proposed building height, building footprint,
  overlook, loss of privacy and compatibility be addressed?
  A: 1540 Upper Wentworth St is on the periphery of the neighbourhood with frontage onto
  Upper Wentworth St and Emperor Ave. The proposed 8-storey building height will have
  less impact than what is anticipated due to the width of the public roads. To soften the
  scale of the proposed building and to ensure appropriate transition in height, the design
  includes building stepbacks, yard setbacks, landscaping, and building articulation. Privacy
  will be protected as majority of the units do not face existing residential rear yards and no
  outdoor balconies are proposed. Reports such as a Planning Justification Report, Urban
  Design Brief (including Sun Shadow Study and Angular Plane Analysis), Tree
  Management Plan, Functional Servicing and Stormwater Management Report,
  Geotechnical and Hydrogeological Report, Noise Impact Study, and Transportation Impact
  Study and Parking Analysis have been completed to ensure the requested Zoning By-law
  Amendment is feasible and appropriate. These reports will be available under the
  "Resources" tab once the full application has been submitted to the City.

4. LOCATION

  Q: When there are so many vacant lots in the City of Hamilton, why was this location
  chosen when it requires the existing units be demolished?
  A: 1540 Upper Wentworth Street is already owned and operated by Hamilton East Kiwanis
  Non-Profit Homes. The proposed midrise multiple dwelling conforms to the Urban
  Hamilton Official Plan locational criteria for a high density residential use. Additionally, the

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                     Planning Justification Report: 1540 Upper Wentworth Street, Hamilton
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Provincial Policy Statement encourages the efficient use of urban lands that are currently
  serviced through intensifying lands for a mix of land uses including affordable housing and
  housing for seniors. Hamilton East Kiwanis Non-Profit Homes seeks to continue to provide
  quality affordable housing throughout the City of Hamilton and incorporate principles of
  aging in place so that residents can remain in their communities.

5. PARKING/TRAFFIC

  Q: How will Upper Wentworth Street and Emperor Avenue handle the additional traffic?
  How will you ensure pedestrian safety?
  A: The Urban Hamilton Official Plan identifies Upper Wentworth Street as a Minor Arterial
  and Emperor Avenue as a Collector. Minor arterials and collectors are intended to support
  higher volumes of traffic than local roads. A Transportation Impact Study (Salvini
  Consulting, May 2021) was prepared and will be accessible under the "Resources" tab on
  the microsite following the submission of the Zoning By-law Amendment Application. The
  Transportation Impact Study confirms that site traffic can be accommodated at the study
  area intersections and does not recommend changes to the area road network as a result
  of the proposal.

  Q: There is already a strain on street parking in the area. How will 64 parking spaces be
  sufficient for 126 units?
  A: A Parking Study (Salvini Consulting, May 2021) was prepared and will be accessible
  under the "Resources" tab on the microsite following the submission of the Zoning By-law
  Amendment Application. The redevelopment proposes a total of 64 parking spaces,
  including 3 barrier free spaces. Parking will be provided at a ratio of 0.3 spaces per unit
  smaller than 50m2 and 0.6 spaces per unit larger than 50m2, inclusive of visitor parking. It
  is proposed that 10% of the proposed parking be allocated to visitor parking, for a total of
  6 spaces. The analysis confirms that the proposed number of parking spaces is
  appropriate to meet the demands of the development.

6. SCHOOLS

  Q: How will the existing schools be able to support the increased density?
  A: The application will be circulated to the HWDSB and HWCDSB as part of the Zoning
  By-law Amendment application process.

7. TIMING

  Q: What is the anticipated timeline for the project?
  A: Once a complete application is received by the City, the typical Zoning By-law
  Amendment timeline is 12-18 months. If the rezoning is successful, a Site Plan Control
  application is required which can take another 8-12 months to complete. Site Plan Control
  is required to confirm the details of the site development. Construction is anticipated to

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take 16-18 months to complete once Site Plan Control is final approved and Building
  Permits have been issued.

8. PUBLIC INPUT

  Q: Has the neighbourhood been consulted on the proposed development?
  A: Residents within 120 metres of 1540 Upper Wentworth Street were invited to a virtual
  Open House, hosted by Hamilton East Kiwanis Non-Profit Homes Inc. April 6, 2021. The
  purpose of the meeting was to share preliminary development proposal information prior
  to a formal Zoning By-law Amendment application submission. Public consultation will
  continue throughout the rezoning process and the micro website will be updated as
  needed.

9. PROPERTY VALUES

  Q: How will this development impact property values in the neighbouhood?
  A: There is a concern that the property values in the neighbourhood directly adjacent to
  the property will decline. We do not have any empirical evidence to suggest that the
  proposed development would result in either an increase or devaluation of nearby property
  values.

10. CRIME

  Q: What is the expected impact of the proposed development on neighbourhood crime
  rates. How will the proposal address concern of increased crime as a result of the
  increased residential density?
  A: There is a misconception that residential density increases neighbourhood crime.
  However, studies have shown that there is no relationship between density and crime
  rates. The proposed redevelopment implements Crime Prevention Through Environmental
  Design with eyes on the street and overhead surveillance of open spaces including the
  parking area and public streets.

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4.0 Planning Framework
This section reviews the planning documents applicable to the subject property, which include the
Provincial Policy Statement, Places to Grow – Growth Plan for the Greater Golden Horseshoe, the
Urban Hamilton Official Plan, and the City of Hamilton Zoning By-law No. 6593, and discusses
the requested amendments to the Zoning By-law as required.

4.1   Provincial Policy Statement, 2020
The Provincial Policy Statement, 2020 (“PPS”), issued under the Planning Act, R.S.O. 1990,
C.P.13 (“Planning Act”) came into effect on May 1st, 2020, as a policy-led regulating document
that provides direction on provincial interest related to managing land use planning and
development. The Planning Act requires that, “decisions affecting planning matters shall be
consistent with” the PPS.

The subject lands are located within an existing “Settlement Area” known as the City of Hamilton.
Applicable policies have been reviewed below.

 1.1.1    Healthy, liveable, and safe communities are sustained by:
   a. promoting efficient development and land use patterns which sustain the financial well-
      being of the Province and municipalities over the long term;
   b. accommodating an appropriate range and mix of residential (including second units,
      affordable housing, and housing for older persons), employment (including industrial
      and commercial), institutional (including places of worship, cemeteries and long-term
      care homes), recreation, park and open space, and other uses to meet long-term
      needs;
   c. avoiding development and land use patterns which may cause environmental or public
      health and safety concerns;
   d. avoiding development and land use patterns that would prevent the efficient expansion
      of settlement areas in those areas which are adjacent or close to settlement areas;
   e. promoting cost-effective development patterns and standards to minimize land
      consumption and servicing costs;
   f.    improving accessibility for persons with disabilities and older persons by identifying,
         preventing, and removing land use barriers which restrict their full participation in
         society;
   g. ensuring that necessary infrastructure, electricity generation facilities and transmission
      and distribution systems, and public service facilities are or will be available to meet
      current and projected needs; and
   h. promoting development and land use patterns that conserve biodiversity and consider
      the impacts of a changing climate.

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Planning Comment:
The subject lands are serviced by existing municipal infrastructure which will service the
proposed multiple dwelling building. The subject lands are owned by the applicant and will
provide 126 dwelling units for affordable rental tenure in addition to the 70 townhouse units that
are to be retained. The mix of proposed dwelling units will provide housing options, including
barrier free units, to individuals and families. The proposed intensification will not impact future
efficient expansion. The proposal to intensify existing urban lands will continue an efficient and
cost-effective development pattern.

1.1.3.1   Settlement areas shall be the focus of growth and development, and their vitality and
          regeneration shall be promoted.

1.1.3.2   Land use patterns within settlement areas shall be based on densities and a mix of
          land uses which:
            a) efficiently use land and resources;
            b) are appropriate for, and efficiently use, the infrastructure and public service
               facilities which are planned or available, and avoid the need for their unjustified
               and/or uneconomical expansion;
            c) minimize negative impacts to air quality and climate change, and promote
               energy efficiency;
            d) prepare for the impacts of a changing climate;
            e) support active transportation;
            f)   are transit-supportive, where transit is planned, exists, or may be developed; and
            g) are freight-supportive

          Land use patterns within settlement areas shall also be based on a range of uses and
          opportunities for intensification and redevelopment in accordance with the criteria in
          policy 1.1.3.3, where this can be accommodated.

1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for
        transit-supportive development, accommodating a significant supply and range of
        housing options through intensification and redevelopment where this can be
        accommodated considering existing building stock or areas, including brownfield sites,
        and the availability of suitable existing or planned infrastructure and public service
        facilities required to accommodate projected needs.

1.1.3.4 Appropriate        development       standards     should       be    promoted     which
        facilitate intensification, redevelopment, and    compact     form,   while avoiding or
        mitigating risks to public health and safety.

1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification
        and redevelopment within built-up areas, based on local conditions. However, where
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provincial targets are established through provincial plans, the provincial target shall
         represent the minimum target for affected areas.

Planning Comment
The subject lands make up the City of Hamilton’s Neighbourhoods which are anticipated to
accommodate some residential growth through intensification. The subject lands are serviced
by existing municipal infrastructure with capacity to service the net increase of residential units
as confirmed by the Functional Service and Stormwater Management Report (MTE, 2021). The
proposed multiple dwelling reflects the established land use pattern in the neighbourhood and
promotes compact redevelopment to provide a net increase of affordable housing.

1.4.1 To provide for an appropriate range and mix of housing options and densities required to
      meet projected requirements of current and future residents of the regional market area,
      planning authorities shall:
   a) maintain at all times the ability to accommodate residential growth for a minimum of 15
      years through residential intensification and redevelopment and, if necessary, lands
      which are designated and available for residential development; and
   b) maintain at all times where new development is to occur, land with servicing capacity
      sufficient to provide at least a three-year supply of residential units available through
      lands suitably zoned to facilitate residential intensification and redevelopment, and land
      in draft approved and registered plans.

1.4.3 Planning authorities shall provide for an appropriate range and mix of housing options
      and densities to meet projected market-based and affordable housing needs of current
      and future residents of the regional market area by:
   a) establishing and implementing minimum targets for the provision of housing which is
      affordable to low and moderate income households and which aligns with applicable
      housing and homelessness plans. However, where planning is conducted by an upper-
      tier municipality, the upper-tier municipality in consultation with the lower-tier
      municipalities may identify a higher target(s) which shall represent the minimum
      target(s) for these lower-tier municipalities;
   b) permitting and facilitating:
           1. all housing options required to meet the social, health, economic and well-being
              requirements of current and future residents, including special needs
              requirements and needs arising from demographic changes and employment
              opportunities; and
           2. all types of residential intensification, including additional residential units, and
              redevelopment in accordance with policy 1.1.3.3;
   c) directing the development of new housing towards locations where appropriate levels
      of infrastructure and public service facilities are or will be available to support current
      and projected needs;

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d) promoting densities for new housing which efficiently use land, resources, infrastructure,
      and public service facilities, and support the use of active transportation and transit in
      areas where it exists or is to be developed;
   e) requiring transit-supportive development and prioritizing intensification, including
      potential air rights development, in proximity to transit, including corridors and stations;
      and
   f)   establishing development standards for residential intensification, redevelopment and
        new residential development which minimize the cost of housing and facilitate compact
        form, while maintaining appropriate levels of public health and safety.

Planning Comment
The proposed redevelopment for a portion of the subject lands will contribute to residential
growth through land use intensification and not impede future residential growth opportunities.
The subject lands will continue to be serviced by adequate services with capacity to service to
proposed redevelopment. The proposed 126 dwelling units will provide a net gain of 111 units
for affordable rental tenure. The proposed development is aligned with the Housing and
Homelessness Action Plan to make more affordable housing units available with a diversity of
options to accommodate varying lifestyles.

1.6.6.2 Municipal sewage services and municipal water services are the preferred form of
      servicing for settlement areas to support protection of the environment and minimize
      potential risks to human health and safety. Within settlement areas with existing
      municipal sewage services and municipal water services, intensification and
      redevelopment shall be promoted wherever feasible to optimize the use of the services.

1.6.6.7 Planning for stormwater management shall:
   a) be integrated with planning for sewage and water services and ensure that systems are
      optimized, feasible and financially viable over the long term;
   b) minimize, or, where possible, prevent increases in contaminant loads;
   c) minimize erosion and changes in water balance, and prepare for the impacts of a
      changing climate through the effective management of stormwater, including the use of
      green infrastructure;
   d) mitigate risks to human health, safety, property, and the environment;
   e) maximize the extent and function of vegetative and pervious surfaces; and
   f)   promote stormwater management best practices, including stormwater attenuation and
        re-use, water conservation and efficiency, and low impact development.

1.6.7.2 Efficient use should be made of existing and planned infrastructure, including through
      the use of transportation demand management strategies, where feasible.

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1.6.7.3 As part of a multimodal transportation system, connectivity within and among
      transportation systems and modes should be maintained and, where possible, improved
      including connections which cross jurisdictional boundaries.

1.6.7.4 A land use pattern, density and mix of uses should be promoted that minimize the length
      and number of vehicle trips and support current and future use of transit and active
      transportation.

1.6.8.3 Planning authorities shall not permit development in planned corridors that could
      preclude or negatively affect the use of the corridor for the purpose(s) for which it was
      identified.

1.6.10.1 Waste management systems need to be provided that are of an appropriate size and
      type to accommodate present and future requirements, and facilitate, encourage, and
      promote reduction, reuse and recycling objectives. Waste management systems shall be
      located and designed in accordance with provincial legislation and standards.

Planning Comment
The proposed development will be serviced by existing servicing infrastructure and therefore
an expansion of municipal servicing is not required. Further the site’s stormwater management
strategy will ensure quality and quantity measures are maintained. The prepared Functional
Servicing and Stormwater Management Report (MTE, 2021) provides quantity controls to be
applied to the site through attenuation of the post development peak flows through the 2 through
100 year storm events to the lesser of the 5-year City of Hamilton Mount Hope existing
conditions peak flow rate or the free flow capacity of the existing storm lateral. Quality controls
are provided with through an enhanced (Level 1) water quality treatment (80% TSS Removal)
is required for all impacted surface runoff prior to discharging to the receiving system.
The Transportation Impact, Transportation Demand Management and Parking Study prepared
by Salvini Consulting dated May 2021 submitted in support of this application states that the
proposed development is supported by bicycle parking spaces and the unbundled parking
spaces from rent will allocate parking spaces. The subject lands are serviced by existing transit
and existing and planned bicycle lanes. The proposal does not interfere with existing and
proposed efforts of the City to promote active transportation and transit. The study found that
site traffic can be accommodated at the study area intersections, with no required changes to
the area road network as a result of the proposal. In addition, together with the proposed TDM
measures, the proposed parking provision is appropriate for the site.

1.7.1 Long-term economic prosperity should be supported by:
   a) promoting opportunities for economic development and community investment-
      readiness;
   b) encouraging residential uses to respond to dynamic market-based needs and provide
      necessary housing supply and range of housing options for a diverse workforce;

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c) optimizing the long-term availability and use of land, resources, infrastructure, and
      public service facilities;
   d) maintaining and, where possible, enhancing the vitality and viability of downtowns and
      mainstreets;
   e) encouraging a sense of place, by promoting well-designed built form and cultural
      planning, and by conserving features that help define character, including built heritage
      resources and cultural heritage landscapes;
   f)   promoting the redevelopment of brownfield sites;
   g) providing for an efficient, cost-effective, reliable multimodal transportation system that
      is integrated with adjacent systems and those of other jurisdictions, and is appropriate
      to address projected needs to support the movement of goods and people;
   h) providing opportunities for sustainable tourism development;
   i)   sustaining and enhancing the viability of the agricultural system through protecting
        agricultural resources, minimizing land use conflicts, providing opportunities to support
        local food, and maintaining and improving the agrifood network;
   j)   promoting energy conservation and providing opportunities for increased energy supply;
   k) minimizing negative impacts from a changing climate and considering the ecological
      benefits provided by nature; and
   l)   encouraging efficient and coordinated communications and telecommunications
        infrastructure.

Planning Comments
The proposed infill development provides residential intensification on a minor arterial road
serviced by existing transit, civil and communications infrastructure. The proposal maintains
the intent of the policy for residential intensification by introducing another unit type to the
neighbourhood. The proposed redevelopment will contribute to affordable housing options.
The proposed built form maintains the intent of applicable Urban Design policies. The proposed
redevelopment will not negatively impact the agricultural resources within the City of Hamilton.

1.8.1 Planning authorities shall support energy conservation and efficiency, improved air
      quality, reduced greenhouse gas emissions, and preparing for the impacts of a changing
      climate through land use and development patterns which
   a) promote compact form and a structure of nodes and corridors;
   b) promote the use of active transportation and transit in and between residential,
      employment (including commercial and industrial) and institutional uses and other
      areas;
   c) focus major employment, commercial and other travel-intensive land uses on sites
      which are well served by transit where this exists or is to be developed, or designing
      these to facilitate the establishment of transit in the future;

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d) focus freight-intensive land uses to areas well served by major highways, airports, rail
        facilities and marine facilities;
     e) encourage transit-supportive development and intensification to improve the mix of
        employment and housing uses to shorten commute journeys and decrease
        transportation congestion;
     f)   promote design and orientation which maximizes energy efficiency and conservation,
          and considers the mitigating effects of vegetation and green infrastructure; and
     g) maximize vegetation within settlement areas, where feasible.

 Planning Comments
 The proposed development provides a compact built form within the Urban Area. The subject
 lands will be serviced by existing public transit and will encourage active transportation. The
 Vegetation Management Plan details the removal of 49 private trees and the retention of the 1
 existing street tree within the boulevard along Upper Wentworth Street. to facilitate the
 proposed development. The Landscape Concept proposes the planting of 23 new trees within
 the development area and 11 new street trees within the boulevard along Emperor Avenue and
 Upper Wentworth Street, for a total of 34 new trees. Landscaped amenity space will be provided
 throughout the site.

Section 2.0 of the PPS requires that a development has consideration for natural and cultural
heritage. There have been no natural heritage features of significance identified on the subject
lands. The Tree Protection Plan identifies 49 trees to be removed due to construction however,
the submitted Landscape Concept proposes the planting of 23 new trees within the development
area and 11 new street trees within the boulevard along Emperor Avenue and Upper Wentworth
Street, for a total of 34 new trees. As the subject lands are developed, the development area is
not identified as having archaeological potential. Therefore, the development maintains the goals
of Section 2.0 as it does not adversely impact the natural heritage or significant heritage resources
within Ontario.

The proposal is consistent with the PPS, which focuses growth in Settlement Areas, promotes a
mix of land uses and densities that efficiently use land, existing infrastructure and public services
and facilities.

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4.2     Growth Plan for Greater Golden Horseshoe, 2019

The Places to Grow – Growth Plan for the Greater Horseshoe, 2019 (“Growth Plan”) is a
comprehensive strategy that works with municipal plans to manage growth patterns, maximize
land use policy, and manage quality of life. The Growth Plan came into effect May 16, 2019 and
Amendment 1 (2020) was approved August 28, 2020. The site is located within the “Delineated
Built-Up Area” of the Growth Plan. Applicable policies have been reviewed below.

 2.2.1 Managing Growth

      2. Forecasted growth to the horizon of this Plan will be allocated based on the following:
            a) the vast majority of growth will be directed to settlement areas that:
                 i.    have a delineated built boundary;
                ii.    have existing or planned municipal water and wastewater systems; and
                iii.   can support the achievement of complete communities;
            c) within settlement areas, growth will be focused in:
                 i.    delineated built-up areas;
                ii.    strategic growth areas;
                iii.   locations with existing or planned transit, with a priority on higher order
                       transit where it exists or is planned; and
                iv.    areas with existing or planned public service facilities;

      4. Applying the policies of this Plan will support the achievement of complete
         communities that:
            a) feature a diverse mix of land uses, including residential and employment uses,
               and convenient access to local stores, services, and public service facilities;
           b)     improve social equity and overall quality of life, including human health, for people
                  of all ages, abilities, and incomes;
           c)     provide a diverse range and mix of housing options, including second units
                  and affordable housing, to accommodate people at all stages of life, and to
                  accommodate the needs of all household sizes and incomes;
           d)     expand convenient access to:
                 i.    a range of transportation options, including options for the safe, comfortable,
                       and convenient use of active transportation;
                ii.    public service facilities, co-located and integrated in community hubs;

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iii.   an appropriate supply of safe, publicly-accessible open spaces, parks, trails,
                      and other recreational facilities; and
               iv.    healthy, local, and affordable food options, including through urban
                      agriculture;
         e)      provide for a more compact built form and a vibrant public realm, including
                 public open spaces;
         f)      mitigate and adapt to climate change impacts, improve resilience, and reduce
                 greenhouse gas emissions, and contribute to environmental sustainability; and
         g)      integrate green infrastructure and appropriate low impact development.

2.2.2   Delineated Built-up Areas

   1. By the time the next municipal comprehensive review is approved and in effect, and for
      each year thereafter, the applicable minimum intensification target is as follows:
          a) A minimum of 50 per cent of all residential development occurring annually
             within each of the Cities of Barrie, Brantford, Guelph, Hamilton, Orillia and
             Peterborough and the Regions of Durham, Halton, Niagara, Peel, Waterloo, and
             York will be within the delineated built-up area.

   3. All municipalities will develop a strategy to achieve the minimum intensification target
      and intensification throughout delineated built-up areas, which will:
         a) identify strategic growth areas to support achievement of the intensification
            target and recognize them as a key focus for development;
          b) identify the appropriate type and scale of development in strategic growth areas
             and transition of built form to adjacent areas;
          c) encourage intensification generally throughout the delineated built-up area;
          d) ensure lands are zoned and development is designed in a manner that supports
             the achievement of complete communities;
          e) prioritize planning and investment in infrastructure and public service facilities
             that will support intensification; and,
          f)      be implemented through official plan policies and designations, updated zoning
                  and other supporting documents.

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2.2.6 Housing

    1. Upper- and single-tier municipalities, in consultation with lower-tier municipalities, the
       Province and other appropriate stakeholders, will:
          a) support housing choice through the achievement of minimum intensification and
             density targets in this Plan, as well as the other policies of this Plan by:
               i. identifying a diverse range and mix of housing options and densities,
                  including second units and affordable housing to meet projected needs of
                  current and future residents; and
               ii. establishing targets for affordable ownership housing and rental housing;
          b) identifies mechanisms, including the use of land use planning and financial tools,
             to support the implementation of policy 2.2.6.1 a);
          c) aligns with applicable housing and homelessness plans required under the
             Housing Services Act, 2011; and
          d) address housing needs in accordance with provincial policy statements such as
             the Policy Statement: “Service Manager Housing and Homelessness Plans”; and
          e) implement policy 2.2.6.1 a), b), c) and d) through official plan policies and
             designations and zoning by-laws.

Planning Comment:

The subject lands are within the delineated built-up area known as the City of Hamilton. The
subject lands have frontage onto Upper Wentworth Street and Emperor Avenue. Upper
Wentworth Street is a transit route with existing transit stops. Emperor Avenue provides access
to community services including schools. Section 2.2.2 directs new growth to the built-up areas
of communities through intensification in a manner that develop complete communities with a
mix of land uses, range and mix of employment and housing types, quality public spaces and
access to local services. The proposal provides intensification through the development of a
multiple dwelling which will utilize the existing infrastructure and road network to provide access
to the site. The proposal introduces growth, intensification, and additional housing types to an
existing neighbourhood within a fully serviced urban environment.

The proposed development is in conformity with the intensification objectives of Section 2.2.3
of the Growth Plan, as it contributes to directing growth to the built-up area of a municipality
and encouraging intensification compatibility with adjacent land use approvals to meet
intensification targets for urban growth.

The proposed development is in conformity with the housing policies of Section 2.2.6 as it will
contribute to the City’s affordable housing targets through intensification and meeting the
objectives of the Urban Hamilton Official Plan and diversifying the housing stock on Hamilton’s
south mountain.

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3.2.1   Integrated Planning

     1. Infrastructure planning, land use planning, and infrastructure investment will be co-
        ordinated to implement this Plan.

 3.2.2   Transportation - General

     1. Transportation system planning, land use planning, and transportation investment will
        be co-ordinated to implement this Plan.
     2. The transportation system within the GGH will be planned and managed to: A Place to
        Grow | 31 Infrastructure to Support Growth
           a) provide connectivity among transportation modes for moving people and for
              moving goods;
           b) offer a balance of transportation choices that reduces reliance upon the
              automobile and promotes transit and active transportation;
           c) be sustainable and reduce greenhouse gas emissions by encouraging the most
              financially and environmentally appropriate mode for tripmaking and supporting
              the use of zero- and low-emission vehicles;
           d) offer multimodal access to jobs, housing, schools, cultural, and recreational
              opportunities, and goods and services;
           e) accommodate agricultural vehicles and equipment, as appropriate; and
           f)   provide for the safety of system users.

 Planning Comment

 The subject lands are located along a Minor Arterial (Upper Wentworth Street), a Collector
 (Emperor Avenue) and are in close proximity to a Major Arterial (Rymal Road East). The subject
 lands have easy access to the Lincoln M. Alexander Parkway via Upper Wentworth Street. The
 subject lands are located along a bus route with bus stops located at the intersection of Upper
 Wentworth Street and Emperor Avenue. The City of Hamilton Transportation Master Plan
 identifies Emperor Avenue as the location of a planned bike lane. Existing bike lanes are
 accessible along Stone Church Road East with additional planned multi-use trails identified
 along Rymal Road East. Local commercial uses, institutional uses (including schools,
 churches) and neighbourhood, community and City wide parks are all within walking distance
 to the subject lands.

Overall, the proposed redevelopment for a multiple dwelling building meets the intent of providing
a diverse range of housing options within a community. The proposal will intensify urban lands
with a delineated built-up area and allow for additional affordable housing rental units. Therefore,
the proposed development conforms to the Growth Plan.

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4.3    Urban Hamilton Official Plan
The City of Hamilton’s Urban Hamilton Official Plan (“UHOP”) was declared in force and effect on
August 16, 2013, as a replacement to the seven former Official Plans representing the former
municipalities in the Former Region. One of the objectives of the UHOP is to manage community
growth, land use changes and the physical development of the City of Hamilton over the next 30
years.

Schedule “E-1” – Urban Land Use Designation of the UHOP designates the subject lands as
“Neighbourhoods” (See Figure 3 – UHOP Land Use Map).

Applicable UHOP policies have been reviewed in the table below:

 URBAN STRUCTURE (E.2.0)

 UHOP VOLUME 1 POLICY                              PLANNING COMMENT

 Policy E.2.6.2                                    The       subject   lands    are   designated
 Neighbourhoods shall primarily consist of         Neighbourhoods with access to local
 residential uses and complementary facilities     commercial,            local       community
 and services intended to serve the residents.     facilities/services and open space and park
 These facilities and services may include         uses including the Rymal Square Shopping
 parks, schools, trails, recreation centres,       Plaza, Les Chater Family YMCA, Hamilton
 places of worship, small retail stores, offices   Public Library, and multiple schools. The
 restaurants, and personal and government          subject lands are an appropriate location for a
 services.                                         full range of housing options.

 Policy E.2.6.4
 The Neighbourhoods element of the urban
 structure shall permit and provide the
 opportunity for a full range of housing forms,
 types and tenure, including affordable housing
 with supports.

 Policy E.2.6.7
 Neighbourhoods shall generally be regarded
 as physically stable areas with each
 neighbourhood having a unique scale and
 character. Changes compatible with the
 existing character or function of the
 neighbourhood         shall   be    permitted.
 Applications for development and residential
 intensification within Neighbourhoods shall be
 reviewed in consideration of local context and
 shall be permitted in accordance with Section
 B.2.4 – Residential Intensification, E.3.0 –
 Neighbourhoods Designation….”

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